Employee and Employer Contributions
The participant likely has contributions from both personal deferrals and employer-matching contributions. This matters because employer contributions may be subject to vesting requirements. Only “vested” funds can be divided. A proper QDRO will define:
- How to divide the account balance (percentage or fixed dollar amount)
- Whether the division covers only vested funds or also includes a share of unvested contributions that later vest
- The valuation date used to calculate the alternate payee’s share—often the date of marital separation, divorce filing, or judgment

